Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This office action is in response to the application filed on 03/19/2024.
Claims 7-13 are currently pending.
Claims 7-13 are rejected.
Claim 8 is objected.
Claims 7 and 11-13 are independent claims.
- Claim Objection
6. Claim 8 is objected to because of the following informalities: “MAC CE” should be “Medium Access Control Control Element (MAC CE)”. Appropriate correction is required.
Claim Interpretation
7. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
8. The claims 7 and 11-12 in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
9. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: reception unit and control unit in claim 7; transmission unit and control unit in claim 11; transmission unit, control unit, reception unit in claim 12.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
It would have been obvious to one of ordinary skill in the art to conclude that the reception unit is a receiver, the transmission unit is a transmitter. Therefore, the reception unit and the transmission unit are definite.
Claim Rejections - 35 USC § 112
10. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
11. Claim limitations “control unit in claims 7 and 11-12” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function and/or there is no algorithm for each and every step of the above limitations. Therefore, the claims 7 and 11-12 are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claims 8-10 depend on claim 7, thus they are rejected for the same reason.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 103
12. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
13. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
14. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
15. Claims 7 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kazuaki Takeda et al. (US 2018/0242321 A1), hereinafter Takeda, in view of Ren DA et al. (US 2021/0058931 A1), hereinafter DA.
For claim 7, Takeda teaches a terminal (Takeda, Fig. 13) comprising:
a reception unit (Takeda, Fig. 13 item 203.) configured to receive a signal from a base station (Takeda, Fig. 9A and paragraph 95.); and
a control unit (Takeda, Fig. 13 item 204.) configured to configure a slot of downlink data to be received from the base station (Takeda, Fig. 9A and paragraph 95.) and a slot of an ACK to be transmitted to the base station (Takeda, Fig. 9A and paragraph 96).
DA further teaches a configuration of an offset value extended for a frequency band that is equal to or greater than a reference value and configuration of a minimum value of the offset value extended for the frequency band that is equal to or greater than the reference value to a value that is greater than a minimum value of an offset value for a frequency band that is less than the reference value (DA, Fig. 2 and paragraphs 113-114. See also paragraphs 115-167.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Takeda with a configuration of an offset value extended for a frequency band that is equal to or greater than a reference value and configuration of a minimum value of the offset value extended for the frequency band that is equal to or greater than the reference value to a value that is greater than a minimum value of an offset value for a frequency band that is less than the reference value taught in DA to have method of receiving a signal including a configuration of an offset value extended for a frequency band that is equal to or greater than a reference value from a base station; and configuring a slot of downlink data to be received from the base station and a slot of an ACK to be transmitted to the base station, based on the configuration of the offset value extended for the frequency band that is equal to or greater than the reference value, wherein in the configuring, a minimum value of the offset value extended for the frequency band that is equal to or greater than the reference value can be configured to a value that is greater than a minimum value of an offset value for a frequency band that is less than the reference value thereby ensuring the correctness of the protocol configuration method [DA: paragraph 188].
For claim 11, Takeda teaches a base station (Takeda, Fig. 11) comprising:
a transmission unit (Takeda, Fig. 11 item 103.) configured to transmit a signal (Takeda, Fig. 9A and paragraph 95.); and
a control unit (Takeda, Fig. 11tiem 104.) configured to configure a slot of downlink data to be transmitted to the terminal (Takeda, Fig. 9A and paragraph 95.) and a slot of an ACK to be received from the terminal (Takeda, Fig. 9A and paragraph 96).
DA further teaches a configuration of an offset value extended for a frequency band that is equal to or greater than a reference value and configuration of a minimum value of the offset value extended for the frequency band that is equal to or greater than the reference value to a value that is greater than a minimum value of an offset value for a frequency band that is less than the reference value (DA, Fig. 2 and paragraphs 113-114. See also paragraphs 115-167.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Takeda with a configuration of an offset value extended for a frequency band that is equal to or greater than a reference value and configuration of a minimum value of the offset value extended for the frequency band that is equal to or greater than the reference value to a value that is greater than a minimum value of an offset value for a frequency band that is less than the reference value taught in DA to have a base station comprising: a transmission unit configured to transmit a signal including a configuration of an offset value extended for a frequency band that is equal to or greater than a reference value to a terminal; and a control unit configured to configure a slot of downlink data to be transmitted to the terminal and a slot of an ACK to be received from the terminal, based on the configuration of the offset value extended for the frequency band that is equal to or greater than the reference value, wherein the control unit can configure a minimum value of the offset value extended for the frequency band that is equal to or greater than the reference value to a value that is greater than a minimum value of an offset value for a frequency band that is less than the reference value thereby ensuring the correctness of the protocol configuration method [DA: paragraph 188].
For claim 12, Takeda teaches a communication system (Takeda, Fig. 10) comprising:
a base station (Takeda, Fig. 11); and
a terminal (Takeda, Fig. 13),
wherein the base station includes:
a transmission unit (Takeda, Fig. 11 item 103.) configured to transmit a signal (Takeda, Fig. 9A and paragraph 95.); and
a control unit (Takeda, Fig. 11tiem 104.) configured to configure a slot of downlink data to be transmitted to the terminal (Takeda, Fig. 9A and paragraph 95.) and a slot of an ACK to be received from the terminal (Takeda, Fig. 9A and paragraph 96).
DA further teaches a configuration of an offset value extended for a frequency band that is equal to or greater than a reference value and configuration of a minimum value of the offset value extended for the frequency band that is equal to or greater than the reference value to a value that is greater than a minimum value of an offset value for a frequency band that is less than the reference value (DA, Fig. 2 and paragraphs 113-114. See also paragraphs 115-167.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Takeda with a configuration of an offset value extended for a frequency band that is equal to or greater than a reference value and configuration of a minimum value of the offset value extended for the frequency band that is equal to or greater than the reference value to a value that is greater than a minimum value of an offset value for a frequency band that is less than the reference value taught in DA to have a base station comprising: a transmission unit configured to transmit a signal including a configuration of an offset value extended for a frequency band that is equal to or greater than a reference value to a terminal; and a control unit configured to configure a slot of downlink data to be transmitted to the terminal and a slot of an ACK to be received from the terminal, based on the configuration of the offset value extended for the frequency band that is equal to or greater than the reference value, wherein the control unit can configure a minimum value of the offset value extended for the frequency band that is equal to or greater than the reference value to a value that is greater than a minimum value of an offset value for a frequency band that is less than the reference value thereby ensuring the correctness of the protocol configuration method [DA: paragraph 188]. and
the terminal includes:
a terminal (Takeda, Fig. 13) comprising:
a reception unit (Takeda, Fig. 13 item 203.) configured to receive a signal from a base station (Takeda, Fig. 9A and paragraph 95.); and
a control unit (Takeda, Fig. 13 item 204.) configured to configure a slot of downlink data to be received from the base station (Takeda, Fig. 9A and paragraph 95.) and a slot of an ACK to be transmitted to the base station (Takeda, Fig. 9A and paragraph 96).
DA further teaches a configuration of an offset value extended for a frequency band that is equal to or greater than a reference value and configuration of a minimum value of the offset value extended for the frequency band that is equal to or greater than the reference value to a value that is greater than a minimum value of an offset value for a frequency band that is less than the reference value (DA, Fig. 2 and paragraphs 113-114. See also paragraphs 115-167.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Takeda with a configuration of an offset value extended for a frequency band that is equal to or greater than a reference value and configuration of a minimum value of the offset value extended for the frequency band that is equal to or greater than the reference value to a value that is greater than a minimum value of an offset value for a frequency band that is less than the reference value taught in DA to have method of receiving a signal including a configuration of an offset value extended for a frequency band that is equal to or greater than a reference value from a base station; and configuring a slot of downlink data to be received from the base station and a slot of an ACK to be transmitted to the base station, based on the configuration of the offset value extended for the frequency band that is equal to or greater than the reference value, wherein in the configuring, a minimum value of the offset value extended for the frequency band that is equal to or greater than the reference value can be configured to a value that is greater than a minimum value of an offset value for a frequency band that is less than the reference value thereby ensuring the correctness of the protocol configuration method [DA: paragraph 188].
For claim 13, Takeda teaches a communication method of a terminal (Takeda, Fig. 13), the communication method comprising:
receiving a signal from a base station (Takeda, Fig. 9A and paragraph 95.); and
configuring a slot of downlink data to be received from the base station (Takeda, Fig. 9A and paragraph 95.) and a slot of an ACK to be transmitted to the base station (Takeda, Fig. 9A and paragraph 96).
DA further teaches a configuration of an offset value extended for a frequency band that is equal to or greater than a reference value and configuration of a minimum value of the offset value extended for the frequency band that is equal to or greater than the reference value to a value that is greater than a minimum value of an offset value for a frequency band that is less than the reference value (DA, Fig. 2 and paragraphs 113-114. See also paragraphs 115-167.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Takeda with a configuration of an offset value extended for a frequency band that is equal to or greater than a reference value and configuration of a minimum value of the offset value extended for the frequency band that is equal to or greater than the reference value to a value that is greater than a minimum value of an offset value for a frequency band that is less than the reference value taught in DA to have method of receiving a signal including a configuration of an offset value extended for a frequency band that is equal to or greater than a reference value from a base station; and configuring a slot of downlink data to be received from the base station and a slot of an ACK to be transmitted to the base station, based on the configuration of the offset value extended for the frequency band that is equal to or greater than the reference value, wherein in the configuring, a minimum value of the offset value extended for the frequency band that is equal to or greater than the reference value can be configured to a value that is greater than a minimum value of an offset value for a frequency band that is less than the reference value thereby ensuring the correctness of the protocol configuration method [DA: paragraph 188].
16. Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kazuaki Takeda et al. (US 2018/0242321 A1), hereinafter Takeda, in view of Ren DA et al. (US 2021/0058931 A1), hereinafter DA and Sungjin PARK et al. (US 2022/0394743 A1), hereinafter PARK.
For claim 8, Takeda and DA teach all the limitations of parent claim 7. Takeda and DA do not explicitly teach MAC CE.
However, PARK explicitly teaches MAC CE (PARK, Fig. 15 and paragraph 65.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Takeda and DA with MAC CE taught in PARK to have configuring the slot of the ACK to be transmitted to the base station, based on the configuration of the offset value included in a MAC CE received from the base station. Because Takeda, DA and PARK all teach receiving configuration, PARK explicitly teaches configuration in a MAC CE.
For claim 9, Takeda and DA teach all the limitations of parent claim 7. Takeda and DA do not explicitly teach the frequency band that is from 52.6 GHz to 71 GHz.
However, PARK explicitly teaches a frequency band that is from 52.6 GHz to 71 GHz (PARK, Fig. 5 and paragraph 3.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Takeda and DA with a frequency band that is from 52.6 GHz to 71 GHz taught in PARK to have the frequency band that is equal to or greater than the reference value is a frequency band from 52.6 GHz to 71 GHz. Because Takeda, DA and PARK all teach frequency band, PARK explicitly teaches a frequency band that is from 52.6 GHz to 71 GHz.
For claim 10, Takeda and DA teach all the limitations of parent claim 8. Takeda and DA do not explicitly teach the frequency band that is from 52.6 GHz to 71 GHz.
However, PARK explicitly teaches a frequency band that is from 52.6 GHz to 71 GHz (PARK, Fig. 5 and paragraph 3.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Takeda and DA with a frequency band that is from 52.6 GHz to 71 GHz taught in PARK to have the frequency band that is equal to or greater than the reference value is a frequency band from 52.6 GHz to 71 GHz. Because Takeda, DA and PARK all teach frequency band, PARK explicitly teaches a frequency band that is from 52.6 GHz to 71 GHz.
Conclusion
17. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILL W LIN whose telephone number is (571)272-8749. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Jiang can be reached at 571-270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILL W LIN/ Primary Examiner, Art Unit 2412